Don't know about the situation in other states but in Kolkata I was served with the notice of depositing the weapons for elections during last local body elections. I made a request siting the reasons for grant of license for my self protection and in turn received the letter from BDN Police Commissioner regarding " award of permanent exemption" from depositing the weapon during election. However local PS again served the notice during start of ongoing election procedures to deposite the weapon. I applied with copy of previous exemption letter and that's all... No further notice to deposit the weapons....

I was visited by some cops from the local Thana today & asked to deposit the arms, due to the future elections that would start in UP from 11 th Feb, 2017. I was asked to submit a copy of the deposit receipt at the Thana at the earliest. He has said that if you did not wish to deposit the same, you can approach the committee formed by DM, that has the powers to exempt anyone whom they deem fit. Is there a change in the earlier HC ruling where it was not incumbent for a law abiding citizen to submit his arms during elections. If any person's arms were to be asked for, it has to be in form a letter specifically addressed to him by SO etc., based on the criterion laid down, considering that he fits the profile of someone who is likely to use his arms in an illegal way during elections. Please advise.

Not aware of any change in HC ruling or Election Commission order that is asking for blanket confiscation.

If any person's arms were to be asked for, it has to be in form a letter specifically addressed to him by SO etc., based on the criterion laid down, considering that he fits the profile of someone who is likely to use his arms in an illegal way during elections.

Yes this is what the Election Commission guidelines said when checked last time and police should be following it. Election Commission guideline basically said to the effect that unless you are among the "suspects" the police should not be bothering you. You may double check it on Election Commission website.

The correct procedure is for the Govt. to form a committee and to make a list of all those licensees who are "troublemakers" and make them deposit during the election code of conduct. However, the Police are in the habit of making every one deposit their arms and then making them seek an exemption for various reasons. Here it looks like the said committee has been set up to grant exemptions rather than to make a list of the "troublemakers".

“4.6 Prohibitory orders under section 144 of the Criminal Procedure Code, 1973 shall be issued banning the carrying of licensed arms as soon as an election is announced and should be effective till the declaration of results.4.7 The States should conduct a 100% scrutiny of licenses of arms and ammunition shops with a view to ensuring that the records of their stocks are kept up-to-date and that their antecedents, recent involvement in irregularities, if any, and political leanings, if any, warrant a close super checking and monitoring of their business during the days of active electioneering.”

1. Not receiving written notice from the local police. No need to deposit.2. If notice is received from local police to deposit, then appealing to the senior police officer in-charge. DCP or SP for exemption.3. If you fail to get exemption from DCP/SP, then filing Writ in the High Court.

Anand wrote:With regard to cases filed against LA for ordering deposit of Arms during Elections. A friend forwarded this case to me. I had read it earlier but didnt save it, so it here it is.

This judgment is all right, but even if people get a thousand judgments like these, the matter of RKBA will not get solved. Why? Because these judgments are only hitting around the bush and are not addressing the root cause of the problem. Explained this matter in detail in another thread, to read it click here